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1. The Defendant shall pay to the Plaintiff KRW 72,460,00 and the interest rate of KRW 15% per annum from October 13, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. The lease contract 1) C between C and the Defendant on February 28, 2012 between the Defendant and the Defendant, setting the lease deposit amount of KRW 40,000,000, monthly rent of KRW 2,900,000, and KRW 36 months (hereinafter “instant lease contract”) between the Defendant and the Defendant on February 28, 2012 (hereinafter “instant lease contract”).
A) Around that time, the Defendant concluded a lease deposit with C. (2) The Defendant paid part of the monthly rent to C on October 2, 2013, and the overdue rent is KRW 112,460,000 in total, since the last payment to C on August 2016.
B. On June 22, 2016, the Plaintiff acquired the right of subrogation of the Plaintiff’s claim against C and the right of subrogation of the Plaintiff. On the same day, the Plaintiff acquired the right of subrogation of the Plaintiff’s claim from a limited liability company specialized in securitization as the creditor of Dskacker No. 1, which is the creditor of C, by transfer of the loan claim of KRW 1,596,306,666. On the same day, the said company notified the transfer of the claim to C and reached C around that time. (2) The Plaintiff exercised the right of subrogation by means of cancelling
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6, purport of the whole pleadings
2. Determination
A. According to the above facts, the plaintiff is obligated to pay to the plaintiff the amount calculated by deducting the lease deposit amount of KRW 40,000,000 from the sum of the rent in arrears at KRW 112,460,00,00 as the effect of termination of the above lease contract, on behalf of the plaintiff, in subrogation C, who is insolvent within the scope of the above transfer deposit claim, for the purpose of preserving the above transfer deposit claim against C.
B. Therefore, the Defendant is obligated to pay to the Plaintiff KRW 72,460,000 (=112,460,000-40,000) and damages for delay calculated at the rate of 15% per annum from October 13, 2016 to the date of full payment, which is the day following the delivery date of the original copy of the instant payment order.
The defendant is the defendant.